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261508860 <br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one <br />time will not exceed the sum of TWO HUNDRED SEVENTY -SIX THOUSAND ($276,000.00), exclusive <br />of interest and protective advances authorized herein or in any Loan Document and such other <br />amounts allowed by law. <br />NOTHING CONTAINED HEREIN SHALL CONSTITUTE A COMMITMENT TO MAKE FURTHER OR <br />ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL <br />PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. <br />This trust deed will be due January 1, 2029. <br />Trustor hereby warrants that Trustor holds good and marketable title in fee simple to the above <br />described Property, that Trustor has good and lawful authority to trust deed the same, that the Property <br />is free and clear of all liens and encumbrances, except those set forth in a title policy or title opinion <br />purchased by Lender and deemed acceptable by Lender, in its sole discretion, in relation to this trust <br />deed and that Trustor will warrant and defend the Property at Trustor's expense against all claimants <br />whomsoever. Trustor also hereby waives and relinquishes all rights of dower, homestead, distributive <br />share, and exemption in and to the above described Real Property. <br />It is understood and agreed between Trustor and Lender that this trust deed is given to secure the <br />repayment in full of the all Obligations, regardless of whether Trustor is liable thereon, and all future and <br />additional loans or advances, protective or otherwise, which may be made by Lender, at its option, at <br />the request of, and to or for the account of Trustor, any of the parties liable under any of the Loan <br />Documents, for any purpose, plus interest thereon, all payable according to the terms of the Loan <br />Documents. Any Obligations secured by this trust deed shall be payable when due as set forth in the <br />Loan Documents. <br />Trustor hereby assigns, transfers, and conveys to Lender all rents, issues, income, profits, royalties, <br />bonuses, and delay moneys or other proceeds that may from time to time become due and payable <br />under any real estate lease or under any oil, gas, gravel, rock, or other mineral lease of any kind <br />including geothermal resources now existing or that may hereafter come into existence, covering the <br />Property or any part thereof. All such sums so received by Lender will be applied to the Obligations <br />secured hereby; or Lender, at its option, may turn over and deliver to Trustor(s) or their successors in <br />interest, any or all of such sums without prejudice to any of Lender's rights to take and retain future <br />sums, and without prejudice to any of its other rights under this trust deed. This assignment will be <br />construed to be a provision for the payment or reduction of the Obligations, subject to the Lender's <br />option as hereinbefore provided, independent of the trust deed on the Property. <br />This is a purchase money trust deed. <br />Trustor and each of them further covenants and agrees with, or certifies and represents to <br />Lender as follows: <br />1. To pay all liens, judgments, or other assessments against the Property, and to pay when due all <br />assessments, taxes, rents, utilities, fees, charges or encumbrances upon the Property or under any <br />lease, permit, license, or privilege assigned to Lender as additional security to this trust deed, including <br />those in or on public domain. <br />2. To insure and keep insured all buildings and other improvements, including fixtures and attachments <br />now on or hereafter placed on the Real Property to the satisfaction of Lender. Such insurance will <br />contain an endorsement showing Lender as Beneficiary. On demand, Trustor will furnish said policies <br />or proof of insurance to Lender and the insurance carrier shall be satisfactory to Lender. Trustor shall <br />give written notice to Lender immediately of any claim or loss. Any sums so received by Lender may be <br />applied in payment of any matured or unmatured Obligations secured by this trust deed, or at the <br />option of Lender may be used to pay for reconstruction of the destroyed improvements. Such insurance <br />will be in an amount at least equal to the lesser of the loan balance, the actual cash value of the <br />Property, or the replacement cost of the Property, and will at a minimum, cover losses caused by fire, <br />App #: 5355242; CIF #: 128731; Note #: 3007525 220KS Legal Doc. Date: December 28, 2015 <br />FORM 5011, Trust Deed and Assignment of Rents Page 4 of 10 <br />